SC v Canada Employment Insurance Commission

SC v Canada Employment Insurance Commission

On the balance of probabilities the claimant satisfied both statutory strands: his documented WorkBC meetings, networking, registrations, resume development and subsequent job applications constituted reasonable and customary efforts, and he demonstrated desire to return, sustained efforts, and no personal...

Source-derived case information.

Citation
2020 SST 781
Parties
Claimant: S. C.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
10 August 2020
Procedural Posture
Employment Insurance / Appeal to Social Security Tribunal General Division Decision on Availability for Work
Outcome
Appeal allowed
Legal Topics
Availability for Work, Reasonable and Customary Job Search Efforts, Disentitlement, Job Training Eligibility, Impact of COVID 19 on Job Search
Source Language
english
Employment Insurance Administrative Law Social Security Benefits Availability for Work Reasonable and Customary Job Search Efforts Disentitlement Job Training Eligibility Impact of COVID 19 on Job Search

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Parties

S. C.

Claimant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance / Appeal to Social Security Tribunal General Division Decision on Availability for Work

Legal Issues

  1. 1 Whether the claimant made reasonable and customary efforts to obtain suitable employment (subsection 50(8) of the Act).
  2. 2 Whether the claimant was capable of and available for work and unable to find suitable employment (paragraph 18(1)(a) of the Act).

Ratio Decidendi

On the balance of probabilities the claimant satisfied both statutory strands: his documented WorkBC meetings, networking, registrations, resume development and subsequent job applications constituted reasonable and customary efforts, and he demonstrated desire to return, sustained efforts, and no personal conditions unduly limiting availability; therefore the Commission's disentitlement for lack of availability was overturned.

Court Disposition

Appeal allowed

Orders

  • Claimant is not disentitled from receiving regular Employment Insurance benefits for lack of availability; the Commission's decision to disentitle the claimant on the basis of availability is set aside.